STATE V. WATSON

State: Florida

Court: Florida Third District Court

Docket No: 07-0198

Case Date: 12/26/2007

Preview:Third District Court of Appeal
State of Florida, July Term, A.D. 2007
Opinion filed December 26, 2007. Not final until disposition of timely filed motion for rehearing. ________________ No. 3D07-198
Lower Tribunal No. 05-32032; 06-29104

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The State of Florida,
Appellant, vs.

Clarence Watson,
Appellee.

An Appeal from the Circuit Court for Miami-Dade County, William Thomas, Judge. Bill McCollum, Attorney General, and Juliet S. Fattel, Assistant Attorney General, for appellant. Kenneth P. Speiller, for appellee. Before WELLS and LAGOA, JJ., and SCHWARTZ, Senior Judge. SCHWARTZ, Senior Judge. Upon Watson's guilty plea to violation of probation and violation of sexual offender registration requirements, he was sentenced below the state prison

minimum guidelines sentence to two years of community control as a habitual offender on the registration charge, and a concurrent sentence of two years of community control for the probation violation. The state appeals because the sole basis for the departure was a state offer which had been revoked. We vacate the sentence. It is first clear that the state's previous offer of a below minimum sentence

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